Wednesday, January 4, 2012

Montana Supreme Court Uphold's Corporate Ban

The Supreme Court of Montana upheld a 1912 state law that banned corporations from spending money in "connection with a candidate or political party that support or opposes a candidate or political party". The original law in Montana was in response to Copper Baron's that had used their purse strings to purchase judges and legislators to do their bidding. The Montana Supreme Court upheld the law by a 5-2 vote.

While many will see this as a great victory to encourage the United States to reverse their Citizen United case from last year, I see this as a state exerting their 10th Amendment Rights. The 1912 law deals with state and local elections and does not impact the national elections that come through town every four years. If Montana gets a chance to argue their case before the Supreme Court and make a valid case that the 1912 law only effects state and local elections thus doesn't fall under the Citizen United precedent; rather the 1912 law is protected by the 10th Amendment then it could have a ripple effect to other laws of the land.

The ripple effect would be seen first through commerce and actually be a means for states to Constitutionally opt out of Obamacare since their is no interstate commerce going on. Possible even see challenges to Roe v. Wade, Affirmative Action, DOMA and other social concepts that not all States may agree with. Which brings me back to may original point that many that don't agree with Citizen United see this as a possible victory, if it stands I see it having a larger impact on States being able to wrestle back the 10th Amendment that has been eroded since it's birth.